Case Successes

Querrey & Harrow Wins Appeal in Wrongful Death Gun Case

Chicago office shareholder Terrence Guolee recently received an unpublished order from the First District Appellate Court denying plaintiff’s Petition for Rehearing of the appellate court’s prior order affirming the trial court’s entry of summary judgment in a wrongful death case.  In the case, Querrey & Harrow obtained dismissal of all claims made against the Sheriff of Cook County following the tragic accidental shooting of a 15-year old girl by a 17-year old who accessed the duty weapon of his uncle, a Cook County Sheriff’s Lieutenant.  Plaintiffs sought recovery against the Sheriff asserting that storage of the weapon was part of the officer’s job duties.  In affirming the summary judgment, the First District rejected the trial court’s reasoning for entering summary judgment, but nevertheless held that summary judgment was appropriate as the Sheriff would be immune from claims based on Respondeat Superior theories pursuant to Section 2-204 of the Illinois Tort Immunity Act.  Further appeal to the Illinois Supreme Court is expected.

Richard Turiello Scores Two Defense Verdicts

Joliet associate Richard Turiello recently obtained two great results in Will County. In a rear-end accident, plaintiff claimed injury to his cervical spine and underwent approximately one year of conservative treatment, missing eight months of work. The plaintiff's retained expert testified that the plaintiff had a 50% chance of needing surgical intervention for his neck. The defendant’s retained expert testified that the plaintiff was injured but did not require surgery as a result of the accident. The plaintiff claimed roughly $18,000 in past medical damages, $54,000 in lost wages and between $20,000 and $350,000 in future medical damages and time off of work. Prior to trial an offer of $100,000 was made by defendant and rejected by plaintiff. The plaintiff then asked the jury for an award of $485,000. After deliberations, the jury awarded the plaintiff $98,000.

In the second case, the plaintiff turned left in front of the defendant. Plaintiff alleged that the defendant had his right turn signal on and, at the last minute, aborted his right turn, continued straight and struck the plaintiff. The plaintiff testified that it is common practice for vehicles turning left to turn as oncoming traffic is turning right because there are two lanes available. The jury returned a verdict in favor of the defendant. 

Querrey & Harrow Successfully Settles Municipal Sewer Claim

Jennifer J. Sackett Pohlenz recently successfully resolved an enforcement case brought by a government entity in Indiana involving allegations of industrial sewer user discharge exceedences against one of our clients.  The settlement not only included release of past alleged violations, but also contained a release of potential future violations that could take place until such time as certain construction involving new discharge treatment was completed.

Summary Judgment Won in Auto Case

Patrick Wall recently obtained summary judgment in favor of a defendant in a suit alleging negligent operation of a motor vehicle causing emotional damages. The plaintiff claimed that he was injured and suffered emotional damage after the defendant rear-ended him on the highway. Defendant argued that the plaintiff's claims did not procedurally meet the initial burden, nor the final burden and would be uncompensable under Illinois law. Summary judgment was granted, finding that the plaintiff's injuries did not reach a compensable level. Additionally, the plaintiff’s cross-motion for summary judgment was denied.